Advance passenger information (API) to enhance border checks [EU Legislation in Progress]

Written by Costica Dumbrava (1st edition).

In December 2022, the Commission presented two proposals to revise the rules on the collection and transfer of advance passenger information (API) data – data collected by air carriers at check-in and sent to border control authorities in the country of destination prior to a flight’s take-off. The current directive on the collection and transfer of API data will be replaced by two regulations: one on the collection and transfer of API data for border management purposes, and another on the collection and transfer of API data for law enforcement purposes.

The proposal on the collection and transfer of API data for border management seeks to enhance and facilitate the effectiveness and efficiency of border checks at external borders and to combat irregular immigration. It provides a revised and extended list of API data and makes mandatory the collection of API data on all scheduled and non-scheduled flights into the EU. It also establishes a new technical solution (a router) to enable air carriers to transfer API data to the competent national authorities though a single, centralised system, under strict data protection and security rules.

The proposal falls under the ordinary legislative proposal where the European Parliament and the Council act as co-legislators. In the European Parliament, the rapporteur appointed in the Committee on Civil Liberties, Justice and Home Affairs (LIBE) has started preparing a draft report.

Versions

• June 2023: Advance passenger information (API) to enhance border checks (1st edition)